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STUTMAN v. CHEMICAL BANK

95 N.Y.2d 24 (2000)

731 N.E.2d 608

709 N.Y.S.2d 892

MICHAEL E. STUTMAN et al., Appellants, v. CHEMICAL BANK, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Landy & Seymour, New York City (Whitney North Seymour, Jr., Craig A. Landy and Peter James Clines of counsel), and William V. DeCandido, P. C., Forest Hills, for appellants.

Chase Manhattan Legal Department, New York City (Ahuva Genack and Patricia M. Kelly of counsel), for respondent.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

This case requires us to determine whether a $275 bank fee assessed in connection with the refinancing of a homeowner's loan constituted a deceptive practice under General Business Law § 349. We hold that it did not, and we therefore affirm the Appellate Division order dismissing plaintiffs' suit.

In November 1991, plaintiff Michael Stutman and his wife, plaintiff Jeanette Rodriguez, borrowed $175,000 from...

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